Can I file a chapter 7 bankruptcy if I live in a house my parents gave me

Asked 8 months ago - Roseburg, OR

My parents gave me a house on their property that was a fixer upper. My name isn't on anything, it all belongs to my parents. I live in the house with my family and my husbands. My husbands family gave us the money to fix up the house. If we file a chp.7 can they come after my parents for us putting money into something that they own even though it was for us? We have receipts to show that it went on the rebuild of the house that we live in. Could this affect my family or his?

Attorney answers (5)

  1. Shaye Larkin

    Contributor Level 20

    4

    Lawyers agree

    Answered . This is a special issue that requires a much closer analysis than we on this forum can give. I suggest you use the Find A Lawyer tab on this website to find a reputable bankruptcy attorney in your area and schedule a consultation.

    The information provided herein is general information only and not legal advice. The information provided herein... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . As I see it, you aren't telling a consistent story. You say that your parents "gave you a house" and then say that "your name isn't on anything." It has got to be one or the other, and it can't be both. When you file for bankruptcy, you need your facts to be accurate & for your story to be consistent, because if you walk into a bankruptcy saying what you just posted, your case will be subject to very close scrutiny, which I am sure will be unwelcome. Hope this perspective helps!

  3. Blake Owen Brewer

    Contributor Level 18

    2

    Lawyers agree

    Answered . You need to review with an attorney in your state the concept of resulting trust. In some cases, the property may be deemed yours even though the deed is not in your name. However there may be a homestead exemption to protect it in the event the law deems it yours.
    Gifts from family members to help you out should not cause a problem, but again review with an attorney in your neighborhood.

    I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice.... more
  4. Justin Martin Gillman

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . First it would be best that you consult an attorney in your state as property rights and interests are generally determined by state law and the protections you may have will likely be based on both federal and state law.
    Second, you provide only general information and not enough specific information regarding your financial circumstances to provide a complete opinion.
    One recommendation is to have specific information to provide to an attorney to consult about this issue. This would include information about the amount of money that has been expended, the use of credit cards or other debt to make these repairs, and the information above.

  5. Andrew T. Velonis

    Contributor Level 12

    1

    Lawyer agrees

    1

    Answered . The fact that your husband's familly gave you money does not matter if you no longer have it. Since it is a fixer-upper it is likely that the value is within the range of exemption, and if so you could still keep it despite the bankruptcy. But, claiming the homestead exemption could affect the availabillity of other exemptions. If your name isn't on anything, then they really haven't given you anything other than permission to stay there. You may want to enter into a "rent-to-own" deal in which you pay $10 per month plus the property tax and the mortgage if there is one, and then after so many years, they sign the deed over to you and your husband.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,184 answers this week

2,918 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,184 answers this week

2,918 attorneys answering